Prof. Boerner's Explorations

Edited by Gerald Boerner

    
Introductory Comments:

This day was distinguished by a three major events in legal history. In 1803, the United States Supreme Court, under the leadership of Chief Justice John Marshall (one of the Founding Fathers), passed down a series of decisions that helped define the boundaries between federal rights and states rights under our Constitution. Among these decisions, the case of Marbury v. Madison defined the dominance of federal rights over the states in several major areas. This day in 1841 also saw former President John Quincy Adams, the son of our second President, John Adams, defend the rebellious slaves who were being transported aboard the La Amistad before the U.S. Supreme Court. And, finally, this day in 1868 witnessed the Impeachment Trial of President Andrew Johnson before the U.S. House of Representatives for firing his Secretary of War; he would be acquitted by the U.S. Senate later.

This day also witnessed a couple of significant battles during our country’s history. In 1836, General Santa Anna lead the Mexican forces against the Texan’s using the Alamo as their fortification in San Antonio. These brave Americans were fighting to create an independent Republic in Texas. Santa Anna’s forces stormed the Alamo on March 6th, Killing most of the Alamo’s defenders, including General Travis. Also on this day in 1991, the coalition forces, under a United Nations mandate, began their ground campaign against the forces of Saddam Hussein and his Iraqi troops; the coalition forces were fighting to restore Kuwait’s independence. The well-coordinated forces of the coalition successfully routed the Iraqi troops.

On a different note, this day in 1942 found a new shortwave radio broadcast, the Voice of America, beamed into the countries of occupied Europe with news from America. These broadcasts spread the news of what was actually happening in World War II, whether good news for the Allies or bad. This service was later expanded to include the Mediterranean and North Africa theaters as well as the Pacific theater of war. These broadcasts continued during the Cold War and into the present. Broadcasts were in the language of the various cultural and national groups around the world.

We now will proceed to examine some of the events that are associated with day in history... GLB

These Introductory Comments are copyrighted:
Copyright©2012 — Gerald Boerner — All Rights Reserved

[ 1036 Words ]
    

Quotations Related to Sam Houston:

[ http://www.brainyquote.com/quotes/authors/s/sam_houston.html ]

“Texas has yet to learn submission to any oppression, come from what source it may.”
— Sam Houston

“Whether his policy was right or wrong, he built up the glory of the nation.”
— Sam Houston

“A leader is someone who helps improve the lives of other people or improve the system they live under.”
— Sam Houston

“I am aware that in presenting myself as the advocate of the Indians and their rights, I shall stand very much alone.”
— Sam Houston

“I would give no thought of what the world might say of me, if I could only transmit to posterity the reputation of an honest man.”
— Sam Houston

continue reading…

Edited by Gerald Boerner

Commentary:

We examine today the definition of what is constitutional under the U. S. Constitution. Most of these basic issues were decided by the Supreme Court under the leadership of Chief Justice, John Marshall. Marshall received his appointment to the court on the eve of Jefferson’s Presidency. He occupied that role for thirty-four years from 1801 to 1835.

During his leadership, the Court made several decisions that defined the relationship between the States and Federal government, among the three braches of the Federal government (Executive, Legislative, and Judicial), and the “Implied Powers” of the U. S. Constitution. Furthermore, the court adopted a Unified Majority Opinion policy that allowed Court rulings to become the definition of legal principles.

Since then, the Chief Justice of the Supreme Court has put their “stamp” the decision of the court during their tenure in office. We remember some of the major decisions. The Warren Court handed down the Brown v. Board of Education (1954; Desegregation of schools) and Miranda v. Arizona (1966; Rights of Suspects). The Burger Court handed down Miller v. California (1973; definition of pornography) and United States v. Nixon (1974; President is not above the law). These decisions helped define the legal interpretation of laws and administrative regulations.

So let’s get on with our exploration of today’s topic — the role of the Supreme Court in defining the relationships among governmental units…  GLB

These Introductory Comments are copyrighted:
Copyright©2011 — Gerald Boerner — All Rights Reserved

[ 4197 Words ]

Quotations Related to SUPREME COURT:

“A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantage.”
— John Yoo

“Catholicism is a wide tent in terms of political and legal positions. We could have nine Catholics on the Supreme Court and a great deal of diversity toward the law.”
— Cass Sunstein

“Bullying wasn’t okay in elementary school and it isn’t okay now, especially when it comes in the form of a U.S. Supreme Court decision.”
— John Doolittle

continue reading…